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Declaration Of Trust Template for Netherlands

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Key Requirements PROMPT example:

Declaration Of Trust

"I need a Declaration of Trust under Dutch law to establish a family trust for my real estate portfolio, with three adult children as beneficiaries and professional trustee management, to be effective from March 1, 2025."

Document background
A Declaration of Trust is a crucial document used in the Netherlands when establishing trust arrangements under the framework of the Hague Trust Convention. While the Netherlands operates under civil law and doesn't have a domestic trust concept, this document creates a legally recognized structure for managing assets on behalf of beneficiaries. The declaration typically includes detailed provisions about the trust property, trustee powers, beneficiary rights, and administration requirements. It's commonly used in international estate planning, family wealth management, and asset protection scenarios. Given the unique legal context of the Netherlands, the document must be carefully drafted to ensure compatibility with both Dutch law and international trust principles. The Declaration of Trust should be executed before a Dutch notary and must comply with local regulatory requirements, including anti-money laundering regulations and tax laws.
Suggested Sections

1. Parties: Identification of the Settlor(s), Trustee(s), and named Beneficiaries with their full legal names and addresses

2. Background: Context of the trust creation, intention of the settlor, and purpose of the trust arrangement

3. Definitions: Definitions of key terms used throughout the document

4. Declaration: Formal declaration of trust and confirmation of the trust's creation

5. Trust Property: Detailed description of the assets being placed in trust

6. Trustee Powers and Duties: Comprehensive list of trustees' powers and obligations under the trust

7. Beneficiary Rights: Details of beneficiaries' entitlements and conditions for benefit

8. Trust Administration: Rules for managing the trust, including decision-making procedures and administrative requirements

9. Duration and Termination: Term of the trust and circumstances under which it may be terminated

10. Governing Law and Jurisdiction: Specification of Dutch law as governing law and relevant jurisdiction for disputes

11. Execution: Formal execution clause and signature blocks

Optional Sections

1. Protector Provisions: Include when a trust protector is appointed to oversee certain aspects of trust administration

2. Investment Powers: Include when the trust involves significant financial assets requiring specific investment guidelines

3. Distribution Committee: Include when a committee is established to make or advise on distribution decisions

4. Tax Provisions: Include specific tax-related clauses when tax efficiency is a key consideration

5. Variation Powers: Include when there's a need for flexibility to modify trust terms in the future

6. Conflict Resolution: Include detailed dispute resolution procedures when complex family dynamics are involved

7. Successor Trustees: Include detailed provisions for trustee succession when long-term trust administration is anticipated

8. Foreign Element Provisions: Include when trust has international aspects requiring specific provisions

Suggested Schedules

1. Schedule 1 - Trust Property: Detailed inventory and description of all assets placed in trust

2. Schedule 2 - Initial Beneficiaries: Complete list of initial beneficiaries with their respective interests

3. Schedule 3 - Trustee Remuneration: Details of trustee fees and reimbursement provisions

4. Schedule 4 - Administrative Provisions: Detailed administrative procedures and requirements

5. Appendix A - Definitions: Extended definitions and interpretations of terms used in the trust deed

6. Appendix B - Investment Guidelines: Specific investment policies and restrictions if applicable

7. Appendix C - Distribution Policy: Detailed guidelines for making distributions to beneficiaries

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






















































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Relevant Industries

Financial Services

Wealth Management

Legal Services

Real Estate

Family Office Services

Private Banking

Corporate Services

Estate Planning

Investment Management

Professional Services

Relevant Teams

Legal

Wealth Management

Trust Administration

Compliance

Tax Advisory

Private Banking

Estate Planning

Corporate Services

Fiduciary Services

Risk Management

Relevant Roles

Trust Officer

Wealth Manager

Estate Planner

Legal Counsel

Tax Advisor

Notary

Financial Advisor

Asset Manager

Trust Administrator

Compliance Officer

Private Client Advisor

Family Office Manager

Corporate Trustee

Fiduciary Services Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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